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Sentencing

11,938 published works

  1. Criminal

    “From Damage Caps to Decarceration: Extending Tort Law Safeguards to Criminal Sentencing”

    By Douglas Berman

    The title of this post is the title of this new article on SSRN authored by Andrea Roth and Jane Bambauer.  Here is its abstract:The Supreme Court has recognized a…

  2. Sentencing Law and Policy

    Wonderful new <em>Federal Sentencing Reporter</em> issue explores "Weinstein on Sentencing"

    By Douglas Berman

    I am so very pleased to report on the publication of the latest issue of the Federal Sentening Reporter.  This issue is titled "Weinstein on Sentencing" and it celebrates the…

  3. Sentencing Law and Policy

    Senators Durbin and Grassley re-introduce "Prohibiting Punishment of Acquitted Conduct Act"

    By Douglas Berman

    Back in 2019, I was pleased to be able to blog here about a legialative effort to prohibit judicial reliance on "acquitted conduct" in the federal sentencing system.  I am…

  4. White Collar Crime Prof Blog

    Prohibiting Punishment of Acquitted Conduct Act of 2021

    By Ellen Podgor

    Perhaps one of the most difficult issues to explain to students is that acquitted conduct may be used by a court in sentencing someone convicted of a crime. And it…

  5. Health Law Prof Blog

    The Value of Remorse as a ‘Therapeutic Tool’ for Probation Officers in Sentencing

    By Katharine Van Tassel

    Colleen Berryessa (Rutgers), Ashley Balavender (Rutgers), The Value of Remorse as a 'Therapeutic Tool' for Probation Officers in Sentencing, The Therapeutic Jurisprudence Implications of Judicial Decision-Making by Non-Judicial Officers. Philadelphia,…

  6. Criminal

    Lots of SCOTUS talk and debate over the “categorial approach” and ACCA proof burdens in immigration decision

    By Douglas Berman

    The Supreme Court this morning handed down a 5-3 ruling in Pereida v, Wilkenson, No. 19-438 (S. Ct. Mar. 4, 2021) (available here), in which the majority holds that, under…

  7. Health Law Prof Blog

    Correctional and Sentencing Law Commentary: Compassionate Release, the First Step Act, and COVID-19

    By Katharine Van Tassel

    Christine S. Scott-Hayward (California State University), Correctional and Sentencing Law Commentary: Compassionate Release, the First Step Act, and COVID-19, 57(1) Crim. L. Bulletin 89 (2021):The COVID-19 outbreak exacerbated all of…

  8. Sentencing Law and Policy

    SCOTUS grants cert on yet another intricate Armed Career Criminal Act issue

    By Douglas Berman

    The Supreme Court is back in action today after its February hibernation, and it kicked off a new round of activity with this long order list. Though I suspect some…

  9. Canadian Lawyer Mag

    Systemic racism is not irrelevant in sentencing Black offenders

    By Canadian Lawyer Mag

    Ontario's top court is yet again hearing tired arguments about ignoring systemic discrimination

  10. Sentencing Law and Policy

    The Sentencing Project releases "No End in Sight: America’s Enduring Reliance on Life Imprisonment"

    By Douglas Berman

    The Sentencing Project has done remarkable work in recent years tracking (and advocating against) the growth of life and functional life sentences in the United States. This great work continues…